THE INFLUENCE OF INTERNATIONAL ARMED CONFLICTS OF THE FIRST HALF OF THE 20TH CENTURY ON THE FORMATION OF APPROACHES TO THE PROHIBITION OF HUMAN EXPLOITATION IN INTERNATIONAL CRIMINAL LAW AND NATIONAL LEGISLATION

Abstract

Relevance of the topiс. The need to comprehend the historical origins of legal standards concerning the prohibition of human exploitation arises from the necessity to improve and adapt them in the context of armed conflicts. Amidst the war in Ukraine, including large-scale displacement of the population and the functioning of occupation regimes in temporarily seized territories, new forms of exploitation emerge, adapted to contemporary realities. This requires a critical reassessment of established norms of international humanitarian law, their comparison with historical experience, and the identification of conceptual continuity within the legal regulation system. In this context, the history of international armed conflicts of the first half of the 20th century serves as a source not only of normative content but also of practical insights that can inform the improvement of both national and international mechanisms for the protection of the individual. Purpose. The article aims to highlight the role of international armed conflicts of the first half of the 20th century in shaping legal approaches to the prohibition of human exploitation in international criminal law and national legislation. Particular attention is paid to the normative evolution following the First and Second World Wars, the codification of legal standards in the Geneva Conventions, the work of international tribunals, and the consolidation of relevant provisions in the Rome Statute of the International Criminal Court. Methods. The research employs the historical-legal method to analyze the prerequisites for the development of international legal norms, the comparative method to juxtapose international and national legal approaches to the qualification of exploitation during armed conflict, and the formal-legal method to interpret the provisions of international treaties. An interdisciplinary approach is also used to integrate elements of international humanitarian, criminal, constitutional, and labor law in the context of regulating the prohibition of exploitation. Results. The study identifies the decisive influence of the practice of mass human exploitation during armed conflicts in the first half of the 20th century on the formation of norms in international humanitarian and criminal law regarding the prohibition of slavery, forced labor, sexual enslavement, and the involvement of children in hostilities. It outlines how international standards have contributed to structural changes in national criminal legislation. Conclusions. The wartime experience of the 20th century continues to shape international legal standards concerning the prohibition of human exploitation. Historical analysis enables a critical evaluation of the effectiveness of current legal norms, particularly in the context of contemporary armed conflicts, and serves as a basis for revising and refining qualifying elements and improving national legislation in response to the hybrid challenges of the present day.